Attempts

Question 1

3 x elements of attempt

Answer 1

• intent to commit an offence
• they did or omitted to do something to achieve that end
• proximity

Question 2

Intent - attempts

Answer 2

intent must be established

cannot be an attempt where offence is defined by negilence or recklessness

e.g manslaughter

Question 3

R v Ring

Answer 3

intended to steal property but pocket empty

still able to be charged with attempt as intent was to steal even though physically impossible tondo so

Question 4

a question of fact

Answer 4

whether the intent exists or not is a question of fact for the jury

Question 5

Offence

Answer 5

any act or omission that is punishable on coviction under any enactment

Question 6

examples of acts that constitute attempt

Answer 6

lying in wait, searching or following the victim
enticing the victim to

Question 7

examples of acts that constitute attempt

Answer 7

• lying in wait, searching or following the victim
• enticing the victim to go to the scene
  -unlawfully of entering a structure, vehicle or enclosure
• possessing, collecting or fabricating materials

Question 8

R v Harpur

several acts

Answer 8

the court may have regard to the conduct viewed cumlatively up to the point the conduct in question stops… the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 9

proximity - question of law

Answer 9

decided by a judge based on the assumption that the facts of the case are proved

Question 10

proximity - elements that help determine

Answer 10

• circumstance of fact
  -degree
• common sense
• seriousness of the offence

Question 11

R v Donnolly

Answer 11

when the stolen property has been returned to the owner or the legal title to any such property has been acquired by any person, it is not an offence to subsquently recieve it, even though the reciever may know that property has previously been stolen or dishonestly obtained

Question 12

attempt complete

Answer 12

attempt is complete even when the defendant changes their mind or makes a voluntary withdrawal after completing an act that is sufficient to the proximate offence

Question 13

attempt must prove

Answer 13

• identity of suspect
• intended to commit an offence
• they did it omitted to do something to achieve their object

Question 14

charging

Answer 14

charged with full offence but found guilty of attempt convicted of attempt

charged with attempt, found guilty of full offence they can only be convicted of attempt

Question 15

Not able to charge with attempt

Answer 15

• criminality depends on recklessness or negilence
• attempt to commit an offence is included within definition
• crime is such that attempt must be completed in order for offence to exist